HomeMy WebLinkAboutcoa.en.Cox.1995 379605 6 -775 P-8. fl 03/09/95 02:04P PG 1 OF ,o AEC DOC
SILVIR DAVIS PITKIN COUNTY CLERK & RECORDER 25.00 30�
ENCROACHMENT AGREEMENT
This Agreement made and entered into this day of
March, 199%, by and between the CITY OF ASPEN, Pitkin County,
Colorado, - hereinafter referred to as "Aspen" and JAMES E. COX,
JAMES D. COX, i ANTHONY E. COX, hereinafter referred to as
"Licensee ".
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Lot H & I, Block 89, Original Aspen Townsite
City of Aspen, Pitkin County, Colorado
(see attached metes and bounds description)
WHEREAS, said property abuts the following described public
right -of- way(s):
Alley of Block 89
WHEREAS, Licensee desires to encroach upon said right -of-
way(s):
for the purpose of an enclosed trash area.
WHEREAS, Section 1905 delegated the authority to the City
Engineer to grant encroachment licenses;
WHEREAS, Aspen agrees to the grant of a private license of
encroachment as built subject to certain conditions.
THEREFORE, in consideration of the mutual agreement
hereinafter contained, Aspen and Licensee convenant and agree as
follows:
1. A private revocable license is hereby granted to Licensee
to occupy, maintain and utilize the above described portion of
public right -of -way for the sole purpose described.
2. This license is granted for a perpetual term subject to
being terminated at any time and for any reason at the sole
discretion of the City Engineer of the City of Aspen.
3. This license shall be subordinate to the right of Aspen
to use said area for any public purposes.
4. Licensee is responsible for the maintenance and repair of
the public right -of -way, together with improvements
constructed therein, which Aspen, in the exercise of its
discretion, shall determine to be necesssary to keep the same
in a safe and clean condition.
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5. Licensee shall at all times during the term hereof, carry
public liability insurance for the benefit of the City with
limits of not less than those specified by Section 24 -10 -114,
C.R.S. (currently $150,000 per person, and $600,000 per
occurrence) as may be amended from time to time, naming the
City as co- insured. Licensee shall maintain said coverage in
full force and effect during the term of this License and
shall furnich the City with a copy of such coverage or a
certificate evidencing such coverage. All insurance policies
maintained pursuant to this agreement shall contain the
following endorsement:
"It is hereby understood and agreed that this
insurance policy may not be cancelled by the
surety until thirty (30) days after receipt by
the City, by registered mail, of a written
notice of such intention to cancel or not to
renew."
The Licensee shall show proof of this insurance to the City
before this agreement is filed.
6. Licensee shall save, defend and hold harmless against any
and all claims for damages, costs, and expenses, to persons or
property that may arise out of, or be occasioned by the use,
occupancy, and maintenance of said property by Licensee, or
from any act or omission of any representative, agent,
customer and /or employee of Licensee.
7. This license may be terminated by Licensee at any time
and for any reason on thirty (30) days written notice of
Licensee's intent to cancel. This license may be terminated
by Aspen at any time and for any reason by resolution duly
passed by the City Council of the City of Aspen. Upon
termination Licensee shall, at Licensee's expense, remove any
improvements or encroachments from said property. The
property shall be restored to a condition satisfactory to
Aspen.
8. This license is subject to all state laws, the provisions
of the Charter of the City of Aspen as it now exists or may
hereafter be amended, and the ordinances of the City of Aspen
not in effect or those which may hereafter be adopted.
9. Nothing herein shall be construed so as to prevent Aspen
from granting such additional licenses or property interests
in or affecting said property as it deems necessary.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land,
and binding upon Licensee, their heirs, successors and
assigns.
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11. In any legal action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its
reasonable attorneys' fees.
12. If the structure for which this license was issued is
removed for any reason, Licensee may not rebuild in the same
location without obtaining another encroachment license prior
to building. No existing encroachment shall be enlarged
without obtianing an additional license prior to construction.
13. The licensee waives any and all claims against the City
of Aspen for loss or damage to the improvements constructed
within the encroachment area.
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN, COLORADO APPROVED AS TO FORM:
B • ._ /4
ATTEST:
Kathryn ` ". Koch, City Clerk
41 es E. Cox, Licensee
D. c cam- e7 `
James D. Cox License . C-t 9rder--- (eat
Anthony E Cox, Licensee
ACKNOWLEDGEMENTS ON FOLLOWING PAGE
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STATE OF COLORADO )
)
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of November, 1993, by James E. Cox.
WITNESS MY HAND AND OFFICIAL SEAL
(SEAL)-:.,
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dOMMI4Xon expires: 5/29/96 i1
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TA% LP BL \t / Notary Public
STRilaikP QOLORADO )
)
COUNTY OF PITKIN )
/f` The foregoing instrument was acknowledged before me this
(p day of November, 1993, by James D. Cox by his attorney -
in -fact, James E. Cox.
WITNESS MY HAND AND OFFICIAL SEAL
(SEA ell
ono IN &omlet'ipsion expires: 5/29/96
` A A✓ BLI C Notary Public mr
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ADO )
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of November, 1993, by Anthony E. Cox by his
attorney -in -fact, James E. Cox.
WITNESS MY HAND AND OFFICIAL SEAL
(SEAL)
Al? Fpfmission expires: 5/29/96
re; w'r, ',A;,-- ji % , i
0 : A --9 -0. : -c r.: Notary Public
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ASPEN BLOCK BUILDING
ALLEY ENCROACHMENT LICENSE DESCRIPTION
A PARCEL OF LAND SITUATED IN THE ALLEY AND ADJOINING LOTS G,H AND
I, BLOCK 89, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY COLORADO, NOT
EXCEEDING 14 FEET VERTICALLY FROM FINISHED ALLEY GRADE DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF SAID ALLEY WHENCE
THE NORTHEAST CORNER OF BLOCK 89 (NOT IN PLACE) BEARS
S 75 °09'11 "E 31.70 FEET AND N 14 °50'49 "E 100.00 FEET:
THENCE S 14 °50'49" W 5.50 FEET INTO SAID ALLEY:
THENCE S 75 °09'11" W 35.60 FEET IN SAID ALLEY:
THENCE N 14 °15'49" E 5.50 FEET TO THE NORTHERLY BOUNDARY OF SAID
ALLEY:
THENCE S 75 °09'11 "E 35.60 TO THE POINT OF BEGINNING.
BEARINGS BASED ON NORTHWEST CORNER OF BLOCK 89 (FOUND NAIL IN
CONCRETE) AND THE NORTHWEST CORNER OF BLOCK 95 HORIZONTAL CONTROL
(FOUND CHISELED X IN STEP), N 75 °09'll "W.
PREPARED BY: ASPEN SURVEY ENGINEERS, INC.
SIGNED: `, L tSrATICRaN DATED: 4/08/93
A• N HOWOf2TH P.L.S. 25947 \ \ \Ul\11P.IIIII1fp
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